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Bombay High CourtCAS/1942/2015allowed

Vasant Kondiram Lokhande (Deceased Thr. Lrs) v. Smt. Lila Rajaram Lonkar

2016-01-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

8-cas1942-15 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1942 OF 2015 IN SECOND APPEAL NO.688 OF 2011 Vasant K. Lokhande, since deceased, through L.Rs. - Raman V. Lokhande & Ors, ...Applicants V/s.

Lila R. Lonkar

...Respondent

Mr.P.B. Gujar for the Applicants in Civil Application. Mr.Aditya Aklekar i/b Mr.Rahul Kadam for the Respondent / Original Appellant in Second Appeal.

CORAM : R.D. DHANUKA, J.

DATE : 8TH JANUARY, 2016.

P.C. :- 1.

By this civil application filed by the applicants (original respondents), the applicants seek an order and direction against the office of this Court to return and/or hand over original Will dated 22nd May, 1983 (Exhibit 65) to the applicants to enable the applicants to produce the same in Misc. Civil Application No.19 of 2011 filed before the Civil Judge, Senior Division, Satara filed by the applicants for issuance of Letters of Administration on the basis of the Will dated 22nd May, 1983.

2.

For the reasons stated in the civil application, the civil 1/2

8-cas1942-15 application is made absolute in terms of prayer clause (a). It is however, made clear that office shall return the original Will dated 22nd May, 1983 to the advocate representing the applicants upon the learned advocate representing the applicants filing a true copy of the said document duly certified by the learned advocate and on their undertaking to return the original as and when required by this Court. 3.

The civil application is accordingly disposed of in aforesaid terms. No order as to costs.

(R.D. DHANUKA, J.) 2/2